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Car Accidents-Virginia/Carolina (and eastern USA)

11/21/2008
John Cooper
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Woman Dies After Second Crash In Virginia Beach (VA)

According to an article in the Virginian Pilot, Faye Ann Hinton, 54 of Virginia Beach, VA, died after her 1996 Isuzu Trooper was struck from behind while she was checking under the hood of her vehicle.


Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more.  The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects.

Read More about "Woman Dies After Second Crash In Virginia Beach (VA)"


11/19/2008
Randall E. Appleton
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Virginia/Carolina Lawyers Discuss Pedestrian & Crosswalk Accidental Injuries

During 2008 one of our personal injury lawyers, Rick Shapiro, settled a case for a pedestrian who was crossing a road (near the intersection) but the road did not have a cross walk or traffic light, and the first personal injury law firm our client called turned his case down--they assumed he must have been partially at fault. Wrong! Rick settled the case after about a year for $100,000. Based on common law in Virginia and in many states, a pedestrian has a right-of-way at a street corner when crossing under circumstances where a car/auto driver has a clear view of the pedestrian.  Please see the link to read the entire discussion of laws applying to pedestrians suffering a personal injury especially in a crosswalk or near a street corner.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com ,  the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and posts personal injury law videos as Hsinjurylaw at YouTube.

Read More about "Virginia/Carolina Lawyers Discuss Pedestrian & Crosswalk Accidental Injuries"


11/17/2008
John Cooper
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Three Virginia Beach (VA) Teens Killed In Car Crash

According to an article in the Virginian Pilot, three seniors from Green Run High were killed on Friday, November 15, 2008, when the car they were in crossed the center line on a rural stretch of Salem Road and was hit by a van.


Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more.  The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects.

Read More about "Three Virginia Beach (VA) Teens Killed In Car Crash"


11/17/2008
Richard N. Shapiro
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Virginia/Carolina car accidents: Good Norfolk result in car accident trial


Check out this Norfolk, Virginia car accident case result from my colleauge, Emily Brannon where our client had chiropractic and orthopaedic care.  Fault for the accident was questioned but the Judge found for the plaintiff and the award far exceeded the offer from the car insurance adjuster. 

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com ,  the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and posts personal injury law videos as Hsinjurylaw at YouTube.

Read More about "Virginia/Carolina car accidents: Good Norfolk result in car accident trial"


11/2/2008
Emily Mapp Brannon
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$100,000 Pedestrian Crosswalk Settlement/for leg fractures

My colleague Rick Shapiro announced a pedestrian case result settlement of $100,000 for a Norfolk Virginia pedestrian who was struck at a crosswalk area by a careless car driver.
Our firm has handled numerous pedestrian/crosswalk injury cases resulting in numerous prior settlements.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com , and the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard.

Read More about "$100,000 Pedestrian Crosswalk Settlement/for leg fractures"


10/28/2008
Richard N. Shapiro
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Top Three Insurance Company Tricks After Car Accident

Protect yourself by reading John Cooper's article about the top three insurance company tricks after a car accident.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the Southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com , and the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard.

Read More about "Top Three Insurance Company Tricks After Car Accident"


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10/11/2008
Randall E. Appleton
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Do I Need an MRI and how Do I Get One?”

My partner, Rick Shapiro has posted a new library article entitled  Do I Need an MRI and how Do I Get One?” which discusses the value of having an MRI of the back, neck, shoulder, or knee and how this form of objective medical evidence can assist a personal injury lawyer in winning a case.  The article also covers when to obtain an MRI and how our law firm works with medical illustrators to help judges and juries understand our client’s injuries.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com , and the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard.

           

Read More about "Do I Need an MRI and how Do I Get One?”"


10/9/2008
Emily Mapp Brannon
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Injury Attorney John Cooper Writes About Drinking and Driving Accidents.

Drunk driving crashes are the subject of a recent library article by experienced trial attorney John Cooper. On any weekend evening, around Tidewater, Virginia (VA), there is always the risk of being hit by a car that has an operator who is driving while intoxicated. What does Virginia (VA) law provide as far as paying the victim of an accident involving a drunk driver? Please read this short library piece or contact us for a free consultation if you or your family has been subjected to this scary kind of wreck.

Read More about "Injury Attorney John Cooper Writes About Drinking and Driving Accidents."


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10/2/2008
Emily Mapp Brannon
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September Library Items: A Focus on Driving Distractions.

There are plenty of different reasons that car crashes take place: aggressive drivers, bad weather, faulty vehicle equipment, road rage. However, one of the biggest causes of car accidents in the country is simply distractions: drivers talking on cell phones, brushing their hair, looking at a passing landmark, glancing at a map, changing the radio station.

These acts seem harmless, but in fact they can cause injury, property damage, and even death. According to a University of North Carolina Highway Safety Research Center study, a quarter MILLION serious car crashes each year happen due to driver distraction.

"We found that 15 percent of the drivers in the study were not paying attention, and just over half of these (8.3 percent) were distracted by something inside or outside the vehicle," said Dr. Jane Stutts, manager of epidemiological studies at the UNC center and author of the study.

Because we are always interested in promoting safety and reducing the number of car accidents and fatalities throughout North Carolina, South Carolina, Virginia, West Virginia, Florida, Georgia, and the District of Columbia, we have focused our library items this month on preventing driver distractions and promoting driver alertness and focus.

Please read our following Library Item additions:

Read More about "September Library Items: A Focus on Driving Distractions."


9/11/2008
John Cooper
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Want to hear a veteran trial lawyer tell you about what it takes to win a good settlement in a challenging injury case?

John Cooper, one of our lawyers, has recently posted an interesting case result about the all too common situation of a client whose car was hit from behind. Sometimes getting fair compensation for a car accident victim requires filing the lawsuit and doing the extra work as a lawyer to be in touch with the treating doctors to get them to explain the medicine. Also, when negotiating with automobile insurers you have to know what proof you are going to need to convince them on even the problematic parts of your case, like prior accidents and pre-existing medical conditions.

Read More about "Want to hear a veteran trial lawyer tell you about what it takes to win a good settlement in a challenging injury case?"


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9/5/2008
Emily Mapp Brannon
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What It Means To Be An Ethical Personal Injury Lawyer

Please see the most recent article posted by my law partner, Rick Shapiro regarding personal injury lawyer ethics and answering some questions a client might have regarding lawyer ethics while handling a car accident case.

http://www.hsinjurylaw.com/library/what-it-means-to-be-an-ethical-injury-attorney-in-virginia.cfm

Read More about "What It Means To Be An Ethical Personal Injury Lawyer"


General Personal Injury Claims We Handle-Virginia, West Virginia, North Carolina, South Carolina, Washington D.C. or Eastern U.S.A.

11/11/2008
Richard N. Shapiro
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Fentanyl Patch Lawsuits-Overdoses and Deaths Linked to Prescription of Patches

Our personal injury lawyers have accepted two fentanyl patch cases involving overdose or death under highly unusual circumstances--such as a sudden wrongful death where the fentanyl drug be linked to overdose or death.  I have just posted another article on the Injuryboard law blog network about this public health/safety issue.


We are representing two families seeking answers.  In both cases, the spouse died of sudden overdose while wearing the prescribed fentanyl pain patches.  We believe that the autopsies will confirm fentanyl overdoses, based on the medical examiner findings.

A number of fatal fentanyl overdoses have been directly tied to the drug over the past several years. In particular, several drug manufacturers of time-release fentanyl patches have already seen sued over allegations of defective product claims as well as other claims. One of several claims is that a malfunction of the patches caused an overdose of fentanyl to leak and to be absorbed by patients, resulting in life-threatening side effects and even death.  However, other allegations are that the patches are being prescribed in situations not involving chronic pain, and that safer pain medications exist than fentanyl patches, which are now associated with many overdoses and deaths.

Read More about "Fentanyl Patch Lawsuits-Overdoses and Deaths Linked to Prescription of Patches"


8/20/2008
Randall E. Appleton
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Forbes Names Virginia Best for Business, But What About Virginia's Personal Injury System?

My partner Rick Shapiro has just written an article highlighting what is good and bad about the Virginia personal injury law/tort system, which arises from Forbes Magazine declaring Virginia the "best for business" state in the United States.  Virginia follows the ancient contributory negligence rule of law (one of only 5 jurisdictions left), and has both a medical malpractice and punitive damages cap.  Does Virginia need to level the playing field back toward personal injury victims?  Here is the link to the entire article:
Can Virginia (VA) be the best state for business per Forbes Magazine and still have a fair personal injury tort system?

Read More about "Forbes Names Virginia Best for Business, But What About Virginia's Personal Injury System?"


8/14/2008
Emily Mapp Brannon
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One of our own attorneys is featured in Virginia Lawyers Weekly again.

As a lawyer in a firm of seasoned attorneys, I always take pride when one of my colleagues is featured in the Virginia Lawyers Weekly for a noteworthy case.  This week, Virginia Lawyers Weekly published a summary of attorney Rick Shapiro's $1,500,000.00 settlement in a very interesting case.  Our client was a commercial airline pilot who was staying overnight at a hotel in Norfolk, Virginia before his flight the next morning. 

When the pilot woke up the next morning he took a shower and while he was washing his hair with his hands above his head, he was shocked from a light fixture overhead.  The shock caused our client to lose consciousness and fall out of the shower.  He came to and immediately called the hotel operator to send a maintenance engineer to the room. 

There was dispute about the characteristics of the light fixture with the pilot describing it as a bare bulb in a ceramic-fixture protruding from the ceiling and the engineer described it as a recessed fixture with a plastic cover.  I remember sitting in on depositions and there were many different types of light fixtures in place during that time period.  The hotel eventually underwent major renovations which made it even more difficult to prove which fixture was in place at the time of the incident. 

The pilot notified his company that he could not safely fly the plane and traveled home.  During his flight home the pilot experienced pain in his left eye and was later diagnosed with left optic neuropathy which is a fancy way of saying his vision deteriorated.  Obviously a pilot's job is entirely dependent on his vision and the pilot lost is qualification to fly a commercial aircraft. 

The case was transferred from state court to federal court by the defendant hotel.  We alleged negligence per se because the light fixture violated the National Electric Code.  We also alleged argued that the hotel took no photos of the bathroom as it appeared when he was shocked and changed the fixture during the month after the incident.

At a pre-trial hearing the judge allowed our electrical experts in and refused to dismiss the negligence per se count.  After two settlement conferences the parties settled the case for $1,500,000.00. 

Great job Rick!  It always pays to have an experienced personal injury attorney representing you.  A good lawyer knows what to look for and how to handle tricky defense lawyers. Visit our websites to learn more about our firm.  Virginia Beach Injury Board, Norfolk Injury Board and Shapiro, Cooper, Lewis and Appleton, P.C. 

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8/11/2008
Emily Mapp Brannon
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Nanotubes Connected to Lung Cancers-New Article Posted

Law firm partner, Rick Shapiro, wrote an interesting article on how computer "nanotubes" have been linked to potential lung lining fatal cancers, such as mesothelioma, for the full article click our injury board Nanotube article at http://virginiabeach.injuryboard.com/toxic-substances/nanotubes-in-high-tech-computer-components-may-pose-similar-cancer-risks-as-asbestos-according-to-a-major-new-study.aspx?googleid=245430

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Railroad Accidents/FELA, Injury, Occupational injuries/diseases

11/20/2008
Richard N. Shapiro
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Verdict Against CSX Railroad for West Virginia Engineer Suffering Lung Disease from Toxic, Hazardous Fumes

My FELA railroad injury lawyer colleague Bill Kvas, a Minneapolis, Minnesota injury lawyer recently reported a $661,500 West Virginia (WV) FELA/railroad worker verdict recovered against defendant CSX (CSX Transportation, Inc.) for an engineer client suffering permanent occupational disease/tracheal bronchiolitis as a result of the rail worker’s toxic fume exposure in a WV rail yard.  To see the entire article I posted on our Injuryboard law blog, click here.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury and wrongful death law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com ,  the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and posts personal injury law videos as Hsinjurylaw at YouTube.

Read More about "Verdict Against CSX Railroad for West Virginia Engineer Suffering Lung Disease from Toxic, Hazardous Fumes"


11/19/2008
Emily Mapp Brannon
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Railroad Accidents/FELA/Railroad Crossings-Personal Injury Lawyers Discuss applicable law at railroad crossings

My colleague, personal inury lawyer Rick Shapiro posted an article about railroad accidents, especially railroad crossing injuries and wrongful deaths.  Our law firm has handled dozen and dozens of such cases involving railroad crew, car drivers, truck drivers, engineers and conductors.  Please read the entire article to get a feel for some of the issues as to who is at fault in causing a railroad crossing accident.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com ,  the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and posts personal injury law videos as Hsinjurylaw at YouTube.

Read More about "Railroad Accidents/FELA/Railroad Crossings-Personal Injury Lawyers Discuss applicable law at railroad crossings"


11/17/2008
Richard N. Shapiro
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Cold Weather Not Friendly To Workers Handling Railroad Track Switches and Derails-Avoiding Personal Injuries

By T. C. Emory, Investigator

The changing color of the leaves along my street  signals winter is approaching.  Cold weather is no friend to railroad switches and derails. Even the best maintained Norfolk Southern (NS) CSX, or Amtrak maintained railroad track derails and switches can become hard to operate when dropping temperatures cause metal to contract.

Railroaders should be extra careful when operating track derails and switches during cold weather due to this factor. 


In the event you feel a "twinge" or believe you have suffered a personal injury to your back, neck, arms, shoulders or legs when operating switches and derails, report it immediately to a railroad supervisor.


Because of oversight by the Federal Railroad Administration (FRA) railroads such as NS , CSX, and Amtrak have a policy in place allowing you to report an injury in a "reasonable" amount of time after the injury. The catch is that the railroad decides what is "reasonable.”  Many late accident reports result in a disciplinary hearing or intimidation by the supervisor—or direct threats of firing for filing what they call a “late” or “false” accident report.  Do not be intimidated-federal regulations prohibit any supervisor from persuading you not to report a federally mandated injury report-late or not.


The federal law called the Federal Employers Liability Act (FELA) requires the railroad to provide employees with a safe place to work.


Should you need advice as to an on the job railroad injury please contact us, there is no charge for advice, and all inquiries are strictly confidential.

 

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com ,  the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard, and posts personal injury law videos on YouTube at Hsinjurylaw.

Read More about "Cold Weather Not Friendly To Workers Handling Railroad Track Switches and Derails-Avoiding Personal Injuries"


11/2/2008
Richard N. Shapiro
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Private Railroad Crossing Safety: Reasonable Warnings Required By State Law

My partner recently took the depositions of several railroad employees in a case where a man driving a pick up truck was killed in a collision with a short line railroad freight train, while trying to cross an unmarked private railroad crossing. Our investigation revealed that there were no stop signs or railroad cross bucks at the particular private crossing (a private crossing is one where the city has not dedicated the roadway, so the road is considered “private”) The amazing thing that arose during the course of the wrongful death case is that the short line railroad employees did not believe that they had any duty to blow the train whistle/horn or issue any warning whatsoever at the private crossing.  How could full time train engineers and conductors have no idea what their duties were at private crossings?  Prior to conducting the depositions of the short line crew my colleague checked Virginia’s railroad crossing law and confirmed a number of court decisions establishing that a railroad must provide an adequate warning at any railroad crossing-public or private.  However, the engineer and conductor of the railroad did not believe that they had any duty to warn a car, truck or any driver of their approaching train.  The crew was wrong—they had never been properly trained about the laws applying to their operation of the train, especially at any private railroad crossings.

 The law applying to private railroad crossings is generally established by state laws, not by federal railroad administration rules or regulations.  Surprisingly, I have written previously about the fact that adding stop signs at private railroad crossings does not reduce personal injuries or wrongful deaths, but actually makes these crossings more dangerous.  For more information on this topic visit our railroad injury website case results in railroad injury cases  and check a prior case result involving injuries at a private railroad crossing.

 

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com , and the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard.

 

Read More about "Private Railroad Crossing Safety: Reasonable Warnings Required By State Law"


10/13/2008
Randall E. Appleton
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Rail Safety Legislation Passes Both House & Senate– First Major Rail Safety Legislation Since 1974

My partner, Rick Shapiro, has posted an article relating to the railroad safety legislation passed by Congress in early October 2008, which is expected to be signed by President Bush this year.  Amazingly, there has not been a major rail safety legislation enactment since 1994. Several of the highlights of the railroad safety legislation are covered in Rick’s article including positive train control, mandated by 2015; new requirements and regulations relating avoiding accidents and injuries due to crew fatigue; authorization of monies for Amtrak; minimum training for railroad conductors; regulations prohibiting railroads from interfering with medical treatment of injured railroad employees, provisions mandating railroad supervisors carry workers to the nearest medical facility, and hours of service limitations and the first time legislation has addressed limbo time.  Please click here to read more.

 

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the Southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases.  The firm's website is:  www.hsinjurylaw.com , and the firm edits two injury law blogs:  Virginia Beach Injuryboard & Norfolk Injuryboard.

Read More about "Rail Safety Legislation Passes Both House & Senate– First Major Rail Safety Legislation Since 1974"


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